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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Child Support

Upon separation of a couple there is an obligation on the non-resident parent to pay child maintenance or child support to the resident parent in relation to any children under the age of 16 years or under the age of 18 years if they are still in full-time education. Beyond the age of 18, both parents still have an obligation to support their children financially if they are in full-time education and until the age of 25. If a child resides with one parent for four or more nights per week, on average, then that parent will be treated as the resident parent for child maintenance purposes and the other parent will be regarded as the non-resident parent.

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First Claim Brought Back To Life After Tribunal Fees Deemed Unlawful

Hot on the heels of the UK Supreme Court decision that employment tribunal fees are unlawful (see our previous blog), it has been reported that the first Employment Tribunal decision in consequence of the Supreme Court’s ruling has now been issued and it is one which may create further consequences for employers.

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Voluntary Overtime should be included in Holiday Pay

In the latest decision on the question of which elements of wage need to be accounted for when calculating holiday pay, Dudley Metropolitan Borough Council v Willetts UKEAT/0334/16/JOJ, the Employment Appeal Tribunal (EAT) held that voluntary overtime payments should be included in holiday pay provided it can be classed as normal pay. This decision is significant since it is the first authoritative judgment issued by the tribunals or courts to examine the grey area of voluntary overtime and holiday pay.

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Are Contemporary Employment Laws Fit for Purpose?

The modern evolution of the “gig economy” through the growth of companies including Uber, Deliveroo and Pimlico Plumbers, is challenging the existing construction of employment law and its ability to adapt to and regulate this type of modern-day employment. If left unregulated, this working environment has the potential to give rise to increased job insecurity and contribute to the vulnerability of workers engaged without rights including sick pay and holiday pay. 

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Contract Law Update: Third Party Rights

Jus quaesitum tertio is the Latin name for the legal doctrine governing third party rights under Scottish contract law. This extremely out-dated and inflexible law is now the subject of a much-needed review.

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